July 15, 2020
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Berke-Weiss Law Writes About Free Speech in the Workplace for Law360

Since the killing of George Floyd, as a firm we have made an effort to both learn and contribute our expertise to the necessary and ongoing conversations about racism and discrimination in our country. 

As a part of this effort, we wanted to help answer some questions on many New Yorkers’ minds right now: can I be fired for protesting or posting about politics on social media? Am I entitled to take time off to protest? Can my employer force me to take a Covid-19 test after protesting but before returning to my workplace? 

We are excited to share that our research on these topics has been published by Law360 in an article entitled, “When NY Worker Free Speech Rights And COVID-19 Collide,” which examines employee protections under New York Labor Law § 201-d and the latest Covid-19 guidance from the U.S. Equal Employment Opportunity Commission. 

When NY Worker Free Speech Rights And COVID-19 Collide - Law360

By Alexandra Berke, Kacie Candela and Margaret Lee Law360 is providing free access to its coronavirus coverage to make sure all members of the legal community have accurate information in this time of uncertainty and change. Use the form below to sign up for any of our daily newsletters.

The Week in FFCRA Complaints: Yet More Wrongful Terminations and Retaliation

August 10, 2020
Leave
Disability Discrimination
As we noted last week, employers seem not to have gotten the message on paid leave under FFCRA and the two notable cases that came up this week both involve employer retaliation and wrongful termination against employees who were protected under FFCRA.

The Berke-Weiss Law Weekly Roundup: While the Outlook Darkens, We Celebrate Some Small Victories

July 31, 2020
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The clock has essentially wound down on extending assistance for the 30+ million Americans currently on the unemployment rolls. White House officials and Congressional Democrats remain miles apart, with the latter rejecting a temporary extension of the benefits. There are also huge question marks over issues we focus on, particularly child care and employment law, both of which were in the news this week and are the subject of several of the stories we feature

The Week in FFCRA Complaints: Employers Do Not Seem to Understand Mandated Worker Protections

July 31, 2020
Leave
Disability Discrimination
t is starting to seem, from our perspective, that either employers have not been made sufficiently aware of the leave entitled to workers under the FFCRA or that they are willing to risk a lawsuit for wrongful termination.

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